Malossi v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from a judgment of the Court of Claims (Collins, J.), entered September 18, 1997, upon a decision of the court following a bifurcated trial in favor of the State on the issue of liability.
Claimants commenced this negligence action following a fall by claimant Dolores Malossi (hereinafter claimant) on the terrazzo floor of the Empire State Plaza’s Concourse located in the City of Albany. At the conclusion of the liability phase of the trial, the Court of Claims granted defendant’s CPLR 4401 motion for judgment as a matter of law. Claimants appeal.
We affirm. In a slip and fall case, the…
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